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I told her this didn’t make sense and that she’s going back on her word.
Forget going back on her word...she's breaking her VOWS. She is NOT the woman you married anymore. Do not rely on ANYTHING she says verbally. Document everything in writing and make sure an L reviews it.
Originally Posted by Dats000
When we were first talking about the big picture, she said that she hoped that her and I could talk this out together without having to use our attorneys much. Now she’s saying she’s gonna be using her attorney whenever she has to.
Very common. Easy to say that but when big important issues are at stake (custody, finances) and the rubber meets the road...
Originally Posted by Dats000
When she was going to look for a house to lease, she said she would keep paying half the mortgage here until we got divorced and pay for her leased house. Now she’s saying after she talk to her counselor and after she talk to her attorney, she doesn’t have to keep paying on our mortgage as soon as she moves out because we’re separated. She would just have to pay for her leased house when she moves into it. even though we’re still married, and her name is on our mortgage.
Again, ask an L, but...there's likely going to be a date of separation and you'll have to agree on the value of the home/equity at that point. She likely does not have to continue mortgage payments.
Originally Posted by Dats000
And that she was the one who had to move out and get away from me. I was OK with living in the same house until we got a divorce or until the kids were out of school for the summer.
Sorry to say it, but it liekly doesn't matter legally who made the choice to move out and who was/was not willing to live in the same house until the divorce. She has the ability to decide to move out. She controls her; you control you.
Originally Posted by Dats000
We have a townhouse that I owned prior to our marriage. the tenants are moving out in a couple months so guessing we would sell that but I gotta make sure I know how much of that is non marital assets and if I need to wait until we are divorced to sell it.
Consult a L as it will depend on your jurisdiction's laws, but it's very possible that's a non-marital asset and you're entitled to all of it if the rent covered the mortgage. In my case, unfortunately, my W got almost all the equity out of our rental house because she bought it under her name before we got married and even though I moved in soon after and did 99% of the work as the property manager for 5-6 years as "we" (meaning "I") rented it out...she got all the equity. So hopefully that works out for you in your case. Just know the law and your rights and get what you're entitled to.
Originally Posted by Dats000
My attorney is out of town this week so I will be talking to him next week.
Good. You absolutely need to.
Originally Posted by Dats000
you were right looks like her guilt and generosity is wearing off. I need to be quick to to lock in favorable terms before she starts being less giving.
Any good attorney will advise you the quicker the deal the better, but many LBSs (me included) are in shock and aren't ready emotionally to pull the trigger so soon.
